Related Posts
Starting on 6 April, a groundbreaking new right to Neonatal Care Leave (NCL) and Pay is set to benefit approximately 60,000 new parents. The Neonatal Care (Leave and Pay) Act 2023 grants eligible employees up to 12 weeks of leave if their baby requires at least seven consecutive days of neonatal care within the first 28 days after birth. This applies to babies born on or after 6 April 2025.
To support the implementation of this new right, the government has introduced two key regulations:
- The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 – defines eligibility, notification requirements, and leave structure.
- The Statutory Neonatal Care Pay (General) Regulations 2025 – outlines the administration of statutory neonatal care pay.
Here’s a summary of how it will the new right will work:
Who is Eligible for Neonatal Care Leave?
The new right applies to all employees from day one of employment. To qualify, the employee must be one of the following at the time of birth:
- A biological parent
- An intended parent (in cases of surrogacy)
- A partner of the baby’s mother (living together in a long-term relationship and sharing responsibility for the child)
- An adoptive parent (subject to similar principles for adopted babies)
What is Considered Neonatal Care?
Only three categories of medical care qualify as neonatal care:
- Medical care received in a hospital.
- Ongoing medical care at home after hospital discharge, under the supervision of a consultant.
- Palliative or end-of-life care.
How Does Neonatal Care Leave Work?
Eligible parents can take one week of leave for every week their baby receives uninterrupted neonatal care. The leave can be taken up to 68 weeks from birth.
- Leave starts on the ninth day of uninterrupted neonatal care.
- For multiple births (e.g., twins), leave cannot be claimed separately for each baby—parents receive leave based on the longest neonatal care period.
- Leave is usually tagged onto the end of an employee’s family leave, such as maternity or paternity leave.
- Employees who are not already on leave when their baby is in neonatal care (e.g., if a partner’s paternity leave has ended) can still claim NCL.
Types of Neonatal Care Leave
Neonatal Care Leave is categorised into two tiers:
- Tier 1: If taken while the baby is still receiving care (or up to a week after discharge), it can be taken in flexible blocks of at least one week.
- Tier 2: If taken after this initial period, it must be used in one continuous block.
How to Apply for Neonatal Care Leave
Employees must notify their employer, providing the following details:
- Their name
- The baby’s date of birth (or date of placement for adoption)
- Start and end dates of neonatal care
- The requested leave dates
- The number of weeks of leave
- Confirmation of their relationship to the baby
Employers and employees can mutually agree to waive notice requirements in certain situations.
How Much is Paid?
Statutory Neonatal Care Pay (SNCP) is available to employees who:
- Have at least 26 weeks of continuous service.
- Earn an average of at least £123 per week.
This mirrors the requirements for maternity and shared parental leave pay.
What Should Employers Do Next?
Employers can prepare for these changes by:
- Developing a clear policy outlining statutory leave and pay entitlements.
- Creating a template form for employees to request leave.
- Reviewing existing enhanced family leave policies to determine how they interact with NCL.
- Considering early implementation of neonatal leave and pay policies.
- Offering refresher training for HR teams on family leave rights.
Please get in touch if you have any questions regarding the issues discussed in this article.
E: help@jma-hrlegal.co.uk / T: +44 (0)1252 821792
Recent Comments